Storm Water Discharges Associated with Industrial Activity From Marinas - General Permit

Ohio EPA has issued a National Pollutant Discharge Elimination System (NPDES) general permit that authorizes storm water discharges associated with industrial activity from marinas. This permit covers the entire State of Ohio. Marinas (standard industrial classification (SIC) code 4493) involved in boat maintenance activities (including boat rehabilitation, mechanical repairs, painting, fueling and lubrication) or equipment cleaning operations are defined in the federal storm water regulations (40 CFR 122.26(b)(14)) as engaged in “industrial activity” and are subject to this permit. 

Issue Date: January 22, 2013
Effective Date: January 22, 2013
Expiration Date: January 21, 2018

Marinas requiring coverage under OHRM00002 will need to submit a permit application to Ohio EPA. The permit application consists of a Notice of Intent (NOI) form and $350.00 application fee. Ohio EPA’s NOI form and associated instructions can be viewed at: http://epa.ohio.gov/dsw/storm/index/tabid/3905/LiveTabId/108450/Default.aspx..

See the following for an example of a completed NOI form:

The completed NOI form and a check made payable to “Treasurer, State of Ohio” in the amount of $350.00 are to be mailed to:

Ohio EPA
Office of Fiscal Administration
P.O. Box 1049
Columbus, Ohio 43216-1049

The Marina Storm Water General Permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be developed and implemented.

Standard industrial classification (SIC) codes are four-digit industry codes that were originally created by the federal Office of Management and Budget (OMB) for statistical purposes. Other organizations sometimes use these codes when classifying business establishments. To find the correct SIC code, an operator might check his or her unemployment insurance forms or contact the appropriate State unemployment services department. In addition, SIC code numbers may be found in the “Standard Industrial Classification Manual” prepared by the Executive Office of the President, Office of Management and Budget. This text may be found in a public library or may be ordered from the US Government Printing Office, 200 North High Street, Columbus, Ohio 43215, (614) 469-6955. Another source is the following Web site provided by the Occupational Health and Safety Administration: http://www.osha.gov/oshstats/sicser.html. Facilities need to determine their SIC code by what best describes the principal product or services provided at the facility.

Marinas (SIC code 4493) that are involved in boat maintenance activities (including boat rehabilitation, mechanical repairs, painting, fueling and lubrication) or equipment cleaning operations are considered to be associated with industrial activity and are required to obtain coverage under OHRM00002.

Facilities that are “primarily engaged” in operating marinas are best classified as SIC 4493 - marinas. These facilities rent boat slips, store boats, and generally perform a range of other marine services including boat cleaning and incidental boat repair. They frequently sell food, fuel, fishing supplies, and may sell boats. For facilities classified as 4493 that are involved in boat maintenance activities (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication) or equipment cleaning operations, those portions of the facility that are involved in such boat maintenance activities are covered under the storm water regulations.

Facilities classified as 4493 that are not involved in equipment cleaning or boat maintenance activities are not intended to be covered under federal storm water regulations. The retail sale of fuel alone at marinas, without any other boat maintenance or equipment cleaning operations, is not considered to be grounds for coverage under OHRM00002.

Marine facilities that are “primarily engaged” in the retail sale of fuel and lubricating oils are best classified as SIC code 5541 - marine service stations - and are not covered under federal storm water regulations. These facilities may also sell other merchandise or perform minor repair work.

Facilities “primarily engaged” in the operation of sports and recreation services such as boat rental, canoe rental, and party fishing, are best classified under SIC code 7999 - miscellaneous recreational facilities - and are not covered under federal storm water regulations.

Facilities “primarily engaged” in the retail sale of new and used motor boats and other watercraft, marine supplies, and outboard motors, are best classified under SIC code 5551 - boat dealers - and are not covered under the federal storm water regulations.

Marinas owned and operated by a State Park or Metro Park may not be “primarily engaged” in operating a marina; therefore, may not have a SIC code of 4493. Ohio EPA feels that these marinas if involved in boat maintenance activities should be subject to the general permit. The permit is applicable to all operators who conduct activities described by Standard Industrial Classification (SIC) code 4493 (Marinas) and conduct boat maintenance activities.

Anthony Robinson

DSW Storm Water Section
(614) 728-3392